Posts Tagged ‘Attorney General’

Mike Huckabee Endorses Mike Cox (R-MI) for Governor

March 3, 2010

Well, in an interesting move that I’m still trying to figure out, former Governor and Presidential candidate Mike Huckabee (R-AR) has endorsed Attorney General Mike Cox for Governor.  Here’s a copy of the press release that I received today.  I’ll give my analysis after the press release:

Mike Huckabee Endorses Mike Cox in 2010 Race for Governor

Huckabee: “Mike Cox best described as Michigan’s Pro-Life, Pro-gun conservative candidate for Governor”

     LIVONIA, MI— One of America’s most respected conservative leaders, former Presidential candidate Mike Huckabee today formally endorsed Mike Cox in the 2010 race for Governor.

     “Mike Cox is best described as Michigan’s Pro-Life, Pro-gun conservative candidate for Governor,” said Huckabee. “Mike is an innovative, strong leader who is not afraid to take a stand on an important issue. He is opposed to the runaway tax and spend policies we are seeing at the federal and state levels.”

     Cox’s message of less spending, lower taxes and reformed government has set him apart in Michigan’s race for Governor. Cox recently drew a crowd of 1,200 families, activists and community leaders to a Rally for Michigan’s Future in Oakland County and hundreds more last weekend to the Grand Opening of his campaign headquarters in Livonia.

     “Mike Huckabee is one of our nation’s most respected leaders,” said Cox. “Mike Huckabee continues to fight for more liberty and less government. I am proud to have his support and am honored he is standing beside me as we fight to bring jobs back to Michigan.”

     Cox announced Huckabee’s endorsement first today via social networking websites like Facebook, Twitter, U-Stream and conservative bloggers across Michigan.

     Huckabee has been called an early frontrunner for the 2012 Republican Presidential nomination scoring well in many polls including last November’s Gallup-USA Today poll. Mike Huckabee polled ahead of President Obama as recently as January 2010.

     “Mike Cox has also fought hard to protect Second Amendment rights in Michigan,” Huckabee continued. “I am proud to endorse Mike Cox for Governor of Michigan.”

     Cox is the only candidate for Governor to release a comprehensive 92 point plan to put Michigan back to work, including proposals to cut billions of dollars out of the state budget, cut taxes on job providers and families by $2 billion, make government more transparent, reform education, and revitalize our cities. The plan is available at www.mikecox2010.com. The Mike Cox 2010 Campaign also recently announced that it raised $1.8 million in 2009 – with roughly $1.5 million cash on hand. The funds came from over 2,500 individual donors – with roughly 1,000 of the contributors donating less than $100.

     For more information on Mike Cox’s campaign for Governor, please visit www.mikecox2010.com or call the campaign office today at 734-525-5035.

     About Gov. Mike Huckabee: Prior to his 2008 presidential campaign, Huckabee served as the 44th Governor of Arkansas from 1996-2007 and as the state’s lieutenant governor from 1993-1996. As a young adult, he served as a pastor and denominational leader. He became the youngest president ever of the Arkansas Baptist State Convention, the largest denomination in Arkansas. Huckabee’s efforts to improve his own health have received national attention. He is the author of 6 books, the most recent being “Do the Right Thing,” which spent its first 7 weeks of release in the top ten of the New York Times Bestseller list. He is currently the host of the top rated weekend hit “HUCKABEE” on the Fox News Channel, and is heard three times daily across the nation on the “Huckabee Report.” Huckabee and his wife, Janet, live in North Little Rock, Arkansas. They have three grown children: John Mark, David and Sarah.

#30#

Alright, so my analysis… this honestly confused me when I saw it.  I’ve been wondering for the past few hours why a Presidential candidate would jump into the gubernatorial race here in Michigan.

One thing is for sure, this is by far the biggest endorsement that I can think of for any of the current gubernatorial candidates.  The announcement definitely gives Cox more momentum than he already had (which is quite a bit – he’s been battling Congressman Pete Hoekstra, with both of them leading the polls at one time or another).  But will it help him in the long run?

In the 2008 Presidential Primaries, Huckabee got 16.08% of the vote in Michigan, with Romney winning with 38.92%, and McCain coming in second with 29.68%.  Huckabee did worst in Cox’s area of the state, but better in central and western Michigan, so that might help Cox a little bit, by diversifying his support.  So, I’d say that the best endorsement to get would’ve been Romney’s but Huckabee is still a major player in the conservative movement, and as of now, polling well for 2012.

Now, another thing that I thought about was Huckabee’s stances on law and order issues.  One of the major problems I’ve always had with Huckabee (don’t get me wrong – I like the guy) has been his stances on law and order issues as governor.  He issued a lot of pardons and commutations as governor of Arkansas (most notably, the recent scandal with Maurice Clemons who shot and killed 4 police officers in 2009).  Being an Attorney General, I’m not sure if Huckabee’s endorsement is the best thing for Mike Cox’s law and order record, but I may be reading into this more than I should.

Huckabee’s endorsement will help Cox with social conservatives, a group that may be hesitant to vote for him because of his affair back in 2005, but I think most people have (rightfully) moved on from that issue.  But the pro-life movement in Michigan is very strong, and Huckabee’s endorsement will go a long way for Cox when it comes to social issues.  Then again, with the current emphasis on the economy, social issues probably won’t be the deciding factor in who voters do vote for (although in the Republican primary, it’ll be more of an issue than in the general election).

But the most interesting thing about this, and I’ve been wondering this all day, is why would a Presidential candidate endorse a gubernatorial candidate in a primary race?  There’s 3 answers that I think it could possibly be:

  1. Huckabee has given up running for President (at least for 2012), and is going to focus on his PAC and getting Republicans elected around the country.
  2. He’s gambling that Cox will end up winning, and will help him here in Michigan in 2012.
  3. Huckabee is already counting Michigan as lost to him in 2012, and isn’t afraid of losing a few potential delegates by angering non-Cox supporters.

Option 2 and 3 make the most sense to me.  I don’t think he’s given up on running, but I don’t think Huckabee can win Michigan in 2012 if Romney runs.  Romney’s biggest competition here in Michigan was McCain, and without McCain, I think Romney would’ve gotten close to, if not more than, 50% of the vote in 2008.

He may not be publicly saying it, but I don’t think he plans on winning Michigan.  My guess would be that he’s hoping Cox will bring in some supporters (and money) in 2012, so that can offset the voters that Huckabee may lose because he’s supporting Cox.

But no matter what the outcome is for Huckabee, this definitely gives Cox a decent boost for now.  Whether or not is does anything for him come August 3rd, we’ll just have to wait and see.

Done Analyzing,

Ranting Republican

Terri Lynn Land Announces Bid for Michigan Governor

February 19, 2009

Well, it’s a move that we here in Michigan have been expecting for a while, but now it’s official.  I literally got the message just moments ago: Secretary of State Terri Lynn Land has filed for the Michigan Governor’s race.  Unfortunately, I don’t have time to post any commentary, as I’m headed out of town, but here’s the press release that I got:

LANSING – Secretary of State Terri Lynn Land announced today that she has filed paperwork forming a gubernatorial exploratory committee.

“I am excited to announce the formation of this committee,” she said.  “Our state is in dire need of strong leadership right now, and I am eager to join the discussion of how to get it back on track.”

As Secretary of State, Land has overseen numerous improvements to her department since taking office in 2003.  Increasing online services, modernizing branch offices and implementing comprehensive updates to the elections process are just a few of her accomplishments.

“Michigan residents have been forced to tighten their belts in these tough economic times but government should be setting the example of fiscal restraint.  As Secretary of State, we have demonstrated time and again that there are ways to reduce costs while still delivering outstanding customer services.  I will bring that fiscally conservative approach to all of state government.

“I was born and raised here, and I love this state,” she continued.  “Michigan has incredible resources – from our Great Lakes and abundant natural beauty to our world-class businesses and hardworking families.  This is a state worth fighting for and I am up to the challenge.  I look forward to building a strong team that is committed to finding creative solutions while focusing on the many assets we have as a state.”

Land was elected Secretary of State in 2002 and reelected in 2006.

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Alright, so there you have it: Terri Lynn Land is in the running.  So far, the only other declared candidates are Attorney General Mike Cox (R) and Lt. Governor John Cherry (D).  I’m sure that will be changing in the coming weeks.

Done Reporting,

Ranting Republican

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Obama Should Keep Guantanamo Open but Change the Detention Procedures

January 26, 2009

Recently, Barack Obama issued an executive order that would close the detention facility at the  Guantanamo Bay Naval Base as well as review the detention status of all of the detainees.

Here’s that executive order, courtesy of the White House (note, if you want to skip all of the executive orders and just to my analysis, scroll toward the bottom :

EXECUTIVE ORDER — REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES        

   By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

        Section 1Definitions. As used in this order:

        (a)  “Common Article 3” means Article 3 of each of the Geneva Conventions.

        (b)  “Geneva Conventions” means:

   (i)    the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

   (ii)   the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

   (iii)  the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

   (iv)   the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

        (c) “Individuals currently detained at Guantánamo” and “individuals covered by this order” mean individuals currently detained by the Department of Defense in facilities at the Guantánamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.

        Sec. 2Findings.

        (a)  Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantánamo. The Federal Government has moved more than 500 such detainees from Guantánamo, either by returning them to their home country or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.

      (b) Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.

        (c) The individuals currently detained at Guantánamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

        (d)  It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantánamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guantánamo require a comprehensive interagency review.

        (e)  New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guantánamo.

        (f)  Some individuals currently detained at Guantánamo may have committed offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted.

        (g)  It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individuals currently detained at Guantánamo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109-366, as well as of the military commission process more generally.

        Sec. 3Closure of Detention Facilities at Guantánamo. The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

        Sec. 4Immediate Review of All Guantánamo Detentions.

        (a) Scope and Timing of Review. A review of the status of each individual currently detained at Guantánamo (Review) shall commence immediately.

      (b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials:

   (1)  the Attorney General, who shall coordinate the Review;

   (2)  the Secretary of Defense;

   (3)  the Secretary of State;

   (4)  the Secretary of Homeland Security;

   (5)  the Director of National Intelligence;

   (6)  the Chairman of the Joint Chiefs of Staff; and

   (7)  other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned.

        (c)  Operation of Review. The duties of the Review participants shall include the following:

   (1)  Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guantánamo and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such individual. The Attorney General may seek further information relevant to the Review from any source.

   (2)  Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guantánamo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible.

   (3)  Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guantánamo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations.

   (4)  Determination of Other Disposition. With respect to any individuals currently detained at Guantánamo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions.

   (5)  Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

        Sec. 5Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.

        Sec. 6Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.

        Sec. 7Military Commissions.  The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

        Sec. 8General Provisions.

        (a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order.

        (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

        (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     BARACK OBAMA

     THE WHITE HOUSE,

     January 22, 2009. 

Alright, so there’s the executive order to close the detention center within a year.  Personally, other than Section 3, I really don’t have a problem with this executive order.  I just don’t see the need to close the detention center itself.  The detention center isn’t the problem.  The problem (and I’m not agreeing or disagreeing with people’s stance on the problem) has to do with whether or not we can hold them while denying  them the writ of habeas corpus.  That has NOTHING to do with WHERE the detention center is.  We could hold them here in the U.S. and we could still deny them habeas corpus.  Or we could keep them in Guantanamo and let them live like it’s a Hilton hotel.  My point is – Guantanamo, the detention center, really has nothing to do with the problem, other than it’s become an image of a violation of human rights.

President Obama also issued the following executive order, to figure out what we’re going to do with those accused of committing acts of terrorism:

EXECUTIVE ORDER — REVIEW OF DETENTION POLICY OPTIONS

   By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

   Section 1Special Interagency Task Force on Detainee Disposition.

   (a) Establishment of Special Interagency Task Force. There shall be established a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.

   (b) Membership. The Special Task Force shall consist of the following members, or their designees:

   (i)     the Attorney General, who shall serve as Co-Chair;

   (ii)    the Secretary of Defense, who shall serve as Co-Chair;

   (iii)   the Secretary of State;

   (iv)    the Secretary of Homeland Security;

   (v)     the Director of National Intelligence;

   (vi)    the Director of the Central Intelligence Agency;

   (vii)   the Chairman of the Joint Chiefs of Staff; and

   (viii)      other officers or full-time or permanent part-time employees of the United States, as determined by either of the Co-Chairs, with the concurrence of the head of the department or agency concerned.

   (c) Staff. Either Co-Chair may designate officers and employees within their respective departments to serve as staff to support the Special Task Force. At the request of the Co-Chairs, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the heads of the departments or agencies that employ such individuals. Such staff must be officers or full-time or permanent part-time employees of the United States. The Co-Chairs shall jointly select an officer or employee of the Department of Justice or Department of Defense to serve as the Executive Secretary of the Special Task Force.

   (d) Operation. The Co-Chairs shall convene meetings of the Special Task Force, determine its agenda, and direct its work. The Co-Chairs may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

   (e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

   (f) Administration. The Special Task Force shall be established for administrative purposes within the Department of Justice, and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

   (g) Report. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order unless the Co-Chairs determine that an extension is necessary, and shall provide periodic preliminary reports during those 180 days.

   (h) Termination. The Co-Chairs shall terminate the Special Task Force upon the completion of its duties.

   Sec. 2General Provisions.

   (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

   (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     BARACK OBAMA

       THE WHITE HOUSE,

     January 22, 2009.

Alright, that’s a GREAT executive order there, because if he’s going to go through with closing the Guantanamo detention center, we need to have a place to put the alleged terrorists.

And lastly, we have an executive order dealing with interrogation processes:

EXECUTIVE ORDER — ENSURING LAWFUL INTERROGATIONS

By the authority vested in me by the Constitution and the laws of the United States of America, in order to improve the effectiveness of human intelligence gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, I hereby order as follows:

Section 1.  Revocation.  Executive Order 13440 of July 20, 2007, is revoked.  All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order.  Heads of departments and agencies shall take all necessary steps to ensure that all directives, orders, and regulations of their respective departments or agencies are consistent with this order.  Upon request, the Attorney General shall provide guidance about which directives, orders, and regulations are inconsistent with this order.
Sec. 2.  Definitions.  As used in this order:

(a)  “Army Field Manual 2 22.3” means FM 2-22.3, Human Intelligence Collector Operations, issued by the Department of the Army on September 6, 2006.

(b)  “Army Field Manual 34-52” means FM 34-52, Intelligence Interrogation, issued by the Department of the Army on May 8, 1987.

(c)  “Common Article 3” means Article 3 of each of the Geneva Conventions.

(d)  “Convention Against Torture” means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100 20 (1988).

(e)  “Geneva Conventions” means:

 (i)    the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

 (ii)   the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

 (iii)  the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

 (iv)   the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(f)  “Treated humanely,” “violence to life and person,” “murder of all kinds,” “mutilation,” “cruel treatment,” “torture,” “outrages upon personal dignity,” and “humiliating and degrading treatment” refer to, and have the same meaning as, those same terms in Common Article 3.

(g)  The terms “detention facilities” and “detention facility” in section 4(a) of this order do not refer to facilities used only to hold people on a short-term, transitory basis.

Sec. 3.  Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts.

(a)  Common Article 3 Standards as a Minimum Baseline.  Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such individuals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States.

(b)  Interrogation Techniques and Interrogation-Related Treatment.  Effective immediately, an individual in the custody or under the effective control of an officer, employee, or other agent of the United States Government, or detained within a facility owned, operated, or controlled by a department or agency of the United States, in any armed conflict, shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3 (Manual).  Interrogation techniques, approaches, and treatments described in the Manual shall be implemented strictly in accord with the principles, processes, conditions, and limitations the Manual prescribes.  Where processes required by the Manual, such as a requirement of approval by specified Department of Defense officials, are inapposite to a department or an agency other than the Department of Defense, such a department or agency shall use processes that are substantially equivalent to the processes the Manual prescribes for the Department of Defense.  Nothing in this section shall preclude the Federal Bureau of Investigation, or other Federal law enforcement agencies, from continuing to use authorized, non-coercive techniques of interrogation that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises.

(c)  Interpretations of Common Article 3 and the Army Field Manual.  From this day forward, unless the Attorney General with appropriate consultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2 22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interrogation — including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2 22.3, and its predecessor document, Army Field Manual 34 52    issued by the Department of Justice between September 11, 2001, and January 20, 2009.
Sec. 4.  Prohibition of Certain Detention Facilities, and Red Cross Access to Detained Individuals.

(a)  CIA Detention.  The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.

(b)  International Committee of the Red Cross Access to Detained Individuals.  All departments and agencies of the Federal Government shall provide the International Committee of the Red Cross with notification of, and timely access to, any individual detained in any armed conflict in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States Government, consistent with Department of Defense regulations and policies.
Sec. 5.  Special Interagency Task Force on Interrogation and Transfer Policies.

(a)  Establishment of Special Interagency Task Force.  There shall be established a Special Task Force on Interrogation and Transfer Policies (Special Task Force) to review interrogation and transfer policies.

(b)  Membership.  The Special Task Force shall consist of the following members, or their designees:

 (i)     the Attorney General, who shall serve as Chair;

 (ii)    the Director of National Intelligence, who shall serve as Co-Vice-Chair;

 (iii)   the Secretary of Defense, who shall serve as Co-Vice-Chair;

 (iv)    the Secretary of State;

 (v)     the Secretary of Homeland Security;

 (vi)    the Director of the Central Intelligence Agency;

 (vii)   the Chairman of the Joint Chiefs of Staff; and

 (viii)  other officers or full-time or permanent part time employees of the United States, as determined by the Chair, with the concurrence of the head of the department or agency concerned.

(c)  Staff.  The Chair may designate officers and employees within the Department of Justice to serve as staff to support the Special Task Force.  At the request of the Chair, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the head of the department or agency that employ such individuals.  Such staff must be officers or full-time or permanent part-time employees of the United States.  The Chair shall designate an officer or employee of the Department of Justice to serve as the Executive Secretary of the Special Task Force.

(d)  Operation.  The Chair shall convene meetings of the Special Task Force, determine its agenda, and direct its work.  The Chair may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

(e)  Mission.  The mission of the Special Task Force shall be:

 (i)   to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and

 (ii)  to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

(f)  Administration.  The Special Task Force shall be established for administrative purposes within the Department of Justice and the Department of Justice shall, to
the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

(g)  Recommendations.  The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary.

(h)  Termination.  The Chair shall terminate the Special Task Force upon the completion of its duties.
Sec. 6.  Construction with Other Laws.  Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to:  the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal “stalking” statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; section 6(c) of the Military Commissions Act of 2006, Public Law 109 366; the Geneva Conventions; and the Convention Against Torture.  Nothing in this order shall be construed to diminish any rights that any individual may have under these or other laws and treaties.  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
January 22, 2009

 Honestly, that’s REALLY the most important executive order that he needed to issue in order to remedy the human rights / Constitutional violations.

I really don’t think that Guantanamo detention center needs to be closed.  If Obama wants to simply use better interrogation methods and restore the writ of habeas corpus, closing Guantanamo, in and of itself doesn’t do that.  All he really has to do is change the process of how we handle accused terrorists.

Instead, he has chosen to close Gitmo, and that creates a problem: What do we do with the alleged terrorists?

We can’t put them in normal prisons with other prisoners.  Sex offenders and child molesters already have problems in prison.  Can you imagine what prisoners would do if they were around an accused terrorist?  The terrorist wouldn’t last more than maybe a week.

So, that means that we have to build a new prison.  Well, where are we going to do that?  Nobody will want the prison in “their backyard.”  What if a prisoner escapes?  That means that a terrorist is running around.  People aren’t going to want to risk that in their neighborhood.  Obama is going to find it very difficult to find somewhere that will/can take these prisoners.

Personally, as long as the prison was secure (and I mean REALLY secure), I wouldn’t mind having it in Michigan.  We’d definitely have to build a new prison, since we don’t have enough room in our prisons as it is.

Still, I think the best way to deal with the terrorist detainees is to keep them in Guantanamo Bay.  If Obama wants to ensure that they have more rights/privileges/whatever you want to call it, he can instruct his Attorney General to give them to the detainees, but closing Gitmo only creates more problems.

Done Ranting,

Ranting Republican
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Barack Obama Issues Executive Order Increasing Presidential Transparency

January 22, 2009

Yesterday, President Obama issued his first (or second) executive order, rescinding Executive Order 13233, issued by President Bush.  Obama’s executive order restored some transparency to the White House, back to the levels before President Bush.

Here’s the executive order issued by Obama:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order:

(a) “Archivist” refers to the Archivist of the United States or his designee.

(b) “NARA” refers to the National Archives and Records Administration.

(c) “Presidential Records Act” refers to the Presidential Records Act, 44 U.S.C. 2201-2207.

(d) “NARA regulations” refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270.

(e) “Presidential records” refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.

(f) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created.

(g) A “substantial question of executive privilege” exists if NARA’s disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.

(h) A “final court order” is a court order from which no appeal may be taken.

Sec. 2. Notice of Intent to Disclose Presidential Records.

(a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.

(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.

Sec. 3. Claim of Executive Privilege by Incumbent President.

(a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the notice and consult with each other, the Archivist, and such other executive agencies as they deem appropriate concerning whether invocation of executive privilege is justified.

(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination.

(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.

(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.

Sec. 4. Claim of Executive Privilege by Former President.

(a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim of privilege.

(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.

Sec. 5. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked.

BARACK OBAMA

THE WHITE HOUSE,
January 21, 2009

And here’s Executive Order 13233, issued by Bush:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures implementing section 2204 of title 44 of the United States Code with respect to constitutionally based privileges, including those that apply to Presidential records reflecting military, diplomatic, or national security secrets, Presidential communications, legal advice, legal work, or the deliberative processes of the President and the President’s advisors, and to do so in a manner consistent with the Supreme Court’s decisions in Nixon v. Administrator of General Services, 433 U.S. 425 (1977), and other cases, it is hereby ordered as follows:

Section 1. Definitions.

For purposes of this order:

(a) “Archivist” refers to the Archivist of the United States or his designee.

(b) “Presidential records” refers to those documentary materials maintained by the National Archives and Records Administration pursuant to the Presidential Records Act, 44 U.S.C. 2201-2207.

(c) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created.

Sec. 2. Constitutional and Legal Background.

(a) For a period not to exceed 12 years after the conclusion of a Presidency, the Archivist administers records in accordance with the limitations on access imposed by section 2204 of title 44. After expiration of that period, section 2204(c) of title 44 directs that the Archivist administer Presidential records in accordance with section 552 of title 5, the Freedom of Information Act, including by withholding, as appropriate, records subject to exemptions (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8), and (b)(9) of section 552. Section 2204(c)(1) of title 44 provides that exemption (b)(5) of section 552 is not available to the Archivist as a basis for withholding records, but section 2204(c)(2) recognizes that the former President or the incumbent President may assert any constitutionally based privileges, including those ordinarily encompassed within exemption (b)(5) of section 552. The President’s constitutionally based privileges subsume privileges for records that reflect: military, diplomatic, or national security secrets (the state secrets privilege); communications of the President or his advisors (the presidential communications privilege); legal advice or legal work (the attorney-client or attorney work product privileges); and the deliberative processes of the President or his advisors (the deliberative process privilege).

(b) In Nixon v. Administrator of General Services, the Supreme Court set forth the constitutional basis for the President’s privileges for confidential communications: “Unless [the President] can give his advisers some assurance of confidentiality, a President could not expect to receive the full and frank submissions of facts and opinions upon which effective discharge of his duties depends.” 433 U.S. at 448-49. The Court cited the precedent of the Constitutional Convention, the records of which were “sealed for more than 30 years after the Convention.” Id. at 447 n.11. Based on those precedents and principles, the Court ruled that constitutionally based privileges available to a President “survive[] the individual President’s tenure.” Id. at 449. The Court also held that a former President, although no longer a Government official, may assert constitutionally based privileges with respect to his Administration’s Presidential records, and expressly rejected the argument that “only an incumbent President can assert the privilege of the Presidency.” Id. at 448.

(c) The Supreme Court has held that a party seeking to overcome the constitutionally based privileges that apply to Presidential records must establish at least a “demonstrated, specific need” for particular records, a standard that turns on the nature of the proceeding and the importance of the information to that proceeding. See United States v. Nixon, 418 U.S. 683, 713 (1974). Notwithstanding the constitutionally based privileges that apply to Presidential records, many former Presidents have authorized access, after what they considered an appropriate period of repose, to those records or categories of records (including otherwise privileged records) to which the former Presidents or their representatives in their discretion decided to authorize access. See Nixon v. Administrator of General Services, 433 U.S. at 450-51.

Sec. 3. Procedure for Administering Privileged Presidential Records.

Consistent with the requirements of the Constitution and the Presidential Records Act, the Archivist shall administer Presidential records under section 2204(c) of title 44 in the following manner:

(a) At an appropriate time after the Archivist receives a request for access to Presidential records under section 2204(c)(1), the Archivist shall provide notice to the former President and the incumbent President and, as soon as practicable, shall provide the former President and the incumbent President copies of any records that the former President and the incumbent President request to review.

(b) After receiving the records he requests, the former President shall review those records as expeditiously as possible, and for no longer than 90 days for requests that are not unduly burdensome. The Archivist shall not permit access to the records by a requester during this period of review or when requested by the former President to extend the time for review.

(c) After review of the records in question, or of any other potentially privileged records reviewed by the former President, the former President shall indicate to the Archivist whether the former President requests withholding of or authorizes access to any privileged records.

(d) Concurrent with or after the former President’s review of the records, the incumbent President or his designee may also review the records in question, or may utilize whatever other procedures the incumbent President deems appropriate to decide whether to concur in the former President’s decision to request withholding of or authorize access to the records.

(1) When the former President has requested withholding of the records:
(i) If under the standard set forth in section 4 below, the incumbent President concurs in the former President’s decision to request withholding of records as privileged, the incumbent President shall so inform the former President and the Archivist. The Archivist shall not permit access to those records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
(ii) If under the standard set forth in section 4 below, the incumbent President does not concur in the former President’s decision to request withholding of the records as privileged, the incumbent President shall so inform the former President and the Archivist. Because the former President independently retains the right to assert constitutionally based privileges, the Archivist shall not permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
(2) When the former President has authorized access to the records:
(i) If under the standard set forth in section 4 below, the incumbent President concurs in the former President’s decision to authorize access to the records, the Archivist shall permit access to the records by the requester.
(ii) If under the standard set forth in section 4 below, the incumbent President does not concur in the former President’s decision to authorize access to the records, the incumbent President may independently order the Archivist to withhold privileged records. In that instance, the Archivist shall not permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
Sec. 4. Concurrence by Incumbent President.

Absent compelling circumstances, the incumbent President will concur in the privilege decision of the former President in response to a request for access under section 2204(c)(1). When the incumbent President concurs in the decision of the former President to request withholding of records within the scope of a constitutionally based privilege, the incumbent President will support that privilege claim in any forum in which the privilege claim is challenged.

Sec. 5. Incumbent President’s Right to Obtain Access.

This order does not expand or limit the incumbent President’s right to obtain access to the records of a former President pursuant to section 2205(2)(B).

Sec. 6. Right of Congress and Courts to Obtain Access.

This order does not expand or limit the rights of a court, House of Congress, or authorized committee or subcommittee of Congress to obtain access to the records of a former President pursuant to section 2205(2)(A) or section 2205(2)(C). With respect to such requests, the former President shall review the records in question and, within 21 days of receiving notice from the Archivist, indicate to the Archivist his decision with respect to any privilege. The incumbent President shall indicate his decision with respect to any privilege within 21 days after the former President has indicated his decision. Those periods may be extended by the former President or the incumbent President for requests that are burdensome. The Archivist shall not permit access to the records unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.

Sec. 7. No Effect on Right to Withhold Records.

This order does not limit the former President’s or the incumbent President’s right to withhold records on any ground supplied by the Constitution, statute, or regulation.

Sec. 8. Withholding of Privileged Records During 12-Year Period.

In the period not to exceed 12 years after the conclusion of a Presidency during which section 2204(a) and section 2204(b) of title 44 apply, a former President or the incumbent President may request withholding of any privileged records not already protected from disclosure under section 2204. If the former President or the incumbent President so requests, the Archivist shall not permit access to any such privileged records unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.

Sec. 9. Establishment of Procedures.

This order is not intended to indicate whether and under what circumstances a former President should assert or waive any privilege. The order is intended to establish procedures for former and incumbent Presidents to make privilege determinations.

Sec. 10. Designation of Representative.

The former President may designate a representative (or series or group of alternative representatives, as the former President in his discretion may determine) to act on his behalf for purposes of the Presidential Records Act and this order. Upon the death or disability of a former President, the former President’s designated representative shall act on his behalf for purposes of the Act and this order, including with respect to the assertion of constitutionally based privileges. In the absence of any designated representative after the former President’s death or disability, the family of the former President may designate a representative (or series or group of alternative representatives, as they in their discretion may determine) to act on the former President’s behalf for purposes of the Act and this order, including with respect to the assertion of constitutionally based privileges.

Sec. 11. Vice Presidential Records.

(a) Pursuant to section 2207 of title 44 of the United States Code, the Presidential Records Act applies to the executive records of the Vice President. Subject to subsections (b) and (c), this order shall also apply with respect to any such records that are subject to any constitutionally based privilege that the former Vice President may be entitled to invoke, but in the administration of this order with respect to such records, references in this order to a former President shall be deemed also to be references to the relevant former Vice President.

(b) Subsection (a) shall not be deemed to authorize a Vice President or former Vice President to invoke any constitutional privilege of a President or former President except as authorized by that President or former President.

(c) Nothing in this section shall be construed to grant, limit, or otherwise affect any privilege of a President, Vice President, former President, or former Vice President.

Sec. 12. Judicial Review.

This order is intended to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party, other than a former President or his designated representative, against the United States, its agencies, its officers, or any person.

Sec. 13. Revocation.

Executive Order 12667 of January 18, 1989, is revoked.

GEORGE W. BUSH
THE WHITE HOUSE,
November 1, 2001.

And here’s Executive Order 12667, issued by Reagan:

By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and in order to establish policies and procedures governing the assertion of Executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:

Section 1. Definitions.

For purposes of this Order:

(a) “Archivist” refers to the Archivist of the United States or his designee.

(b) “NARA” refers to the National Archives and Records Administration.

(c) “Presidential Records Act” refers to the Presidential Records Act of 1978 (Pub. L. No. 95-591, 92 Stat. 2523-27, as amended by Pub. L. No. 98-497, 98 Stat. 2287), codified at 44 U.S.C. 2201-2207.

(d) “NARA regulations” refers to the NARA regulations implementing the Presidential Records Act. 53 Fed. Reg. 50404 (1988), codified at 36 C.F.R. Part 1270.

(e) “Presidential records” refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act and the NARA regulations.

(f) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created.

(g) A “substantial question of Executive privilege” exists if NARA’s disclosure of Presidential records might impair the national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the Executive branch.

(h) A “final court order” is a court order from which no appeal may be taken.

Sec. 2. Notice of Intent to Disclose Presidential Records.

(a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, utilizing any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of Executive privilege. However, nothing in this Order is intended to affect the right of the incumbent or former Presidents to invoke Executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.

(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of Executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period. If a shorter time period is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.

Sec. 3. Claim of Executive Privilege by Incumbent President.

(a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the notice and consult with each other, the Archivist, and such other Federal agencies as they deem appropriate concerning whether invocation of Executive privilege is justified.

(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of Executive privilege is not justified. The Archivist shall be promptly notified of any such determination.

(c) If after appropriate review and consultation under subsection (a) of this section, either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of Executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.

(d) If the President decides to invoke Executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.

Sec. 4. Claim of Executive Privilege by Former President.

(a) Upon receipt of a claim of Executive privilege by a former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other Federal agencies as he deems appropriate concerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this Order that Executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim of privilege.

(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.

Sec. 5. Judicial Review. This Order is intended only to improve the internal management of the Executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

RONALD REAGAN
The White House,
January 18, 1989.

[Filed with the Office of the Federal Register, 11:07 a. m., January 19, 1989]

As you can see, Obama’s EO and Reagan’s  are nearly identical (maybe 20 word changes overall, and nothing that changes the meaning of  anything.

Overall, I am VERY happy in President Obama’s actions here.  Personally, I thought that Bush’s order was wrong, and never should’ve been issued.  Even the courts agreed with me, because part of it was overturned in 2007.

Although I disagree with a LOT of what Obama sands for, the fact that he’s already making the Presidency more transparent (back to the days of Reagan and Clinton) makes me very happy.

Kudos to President Obama for this one.

Done Ranting,

Ranting Republican
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ACLU Director: Bush Was “Very worst President for civil liberties”

January 13, 2009

A couple days ago on the Colbert Report, Steven Colbert interviewed American Civil Liberties Union (ACLU) Director Anthony Romero.  In the interview, Romero said that Bush was the “very worst President for civil liberties,” and later that he was “the worst President in 8 long years.”  Perhaps he meant “for 8 long years,” since he was the only President in the past 8 years, so Romero’s statement really didn’t make sense.  (Sorry this is up a few days late – I lost me entire draft that I wrote the 1st time, and that took a few hours to do.)  Anyway, watch the video, and I’ll discuss his statements below.

Vodpod videos no longer available.

So, what do I think about Romero’s statements?  I think his high school American history teacher would be ashamed of him.

Now, I’m not arguing that President Bush has been a champion of civil liberties.  I think he overstepped his powers, and I think the Republican Party (and some of the Democratic Party) stood by and let him.  And now, the Republican Party is paying for it, and this country will be paying for it for years to come.  Still, I don’t think that Bush did it just for fun.  He had legitimate reasons, but I think he went too far at times.  Anyway, let’s look at 4 Presidents who I think did much worse for civil liberties than Bush has:

John Adams

Why John Adams?  The Alien and Sedition Acts, that’s why:

First, we have the Alien Friends Act (officially titled “An Act Concerning Aliens”) (we’re going to leave the Naturalization Act out of this discussion since it isn’t relevant, but technically was the first one to be passed).  Let’s take a look at the first 2 sections of the bill:

An Act concerning Aliens.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continnuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed.  And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States.  Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate.  And the president may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

SEC 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal.  And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

APPROVED, June 25, 1798.

Alright, now we have the Alien Enemies Act (officially titled “An Act Respecting Alien Enemies”):

An Act Respecting Alien Enemies

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

SEC. 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they shall be, and are hereby respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint. and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.

SEC. 3. And be it further enacted, That it shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who by the President of the United States, or by order of any court, judge or justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be.

APPROVED, July 6, 1798.

And lastly we have the Sedition Act (officially entitled “An Act for the Punishment of Certain Crimes against the United States”):

An Act in addition to the act, entitled “An act for the punishment of certain crimes against the United States.”

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty, and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be ho]den to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

SEC. 2. And be it farther enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

SEC. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in Republication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

SEC. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.

APPROVED, July 14, 1798.

Alright, CLEARLY the things that Bush has done against civil rights (as outlined in the interview above – things like Guantanamo, wiretapping, etc…) weren’t as bad as what Adams did.  If Bush were to follow what Adams had done, we’d be deporting Iraqis and Afghans left and right.  We’d probably be deporting the French and Germans who are speaking out against the war too.  And I’m guessing that CBS and Dan Rather would be in jail for around 2 years and would be paying around $2,000 for that false report that CBS did a few years ago.

Now, on to our next civil rights violating President:

Abraham Lincoln

President Lincoln had 18,000 rebel leaders arrested and held in military prisons without trials.  Let’s look at the specific case of Maryland cavalry Lieutenant John Merryman (he assisted in kicking Union troops out of the area after a riot broke out as the Union forces were changing trains at  a station) in the case Ex parte Merryman, 17 F. Cas. 144 (1861):

Lincoln wrote a letter to General Winfield Scott on April 27, 1861, allowing Scott to suspend the writ of habeas corpus within the vicinity of the “military line”.  Originally, this was kept a secret, but by May of 1861, several members of the Maryland legislature had been arrested without grounds or stated charges.

Merryman said that this was illegal and took his case to the U.S. Circuit Court, and the judge at the time was Supreme Court Chief Justice Roger B. Taney.  Taney sided against Lincoln, but Lincoln decided that he would just ignore the ruling.  It is then rumored that Lincoln may have quickly issued and then retracted an arrest warrant for Taney, but the historical accurateness of this claim is disputed.  Anyway, several other cases similar to the Merryman case went before federal judges, but Lincoln ignored all of them.  Eventually Congress suspended the writ of habeas corpus.

Now, compare this to Bush.  Bush hasn’t arrested 18,000 American citizens, and he hasn’t ignored nearly as many court rulings as Lincoln had either.

On to the next President:

Woodrow Wilson

President Wilson signed into law the following  2 bills: the Espionage Act of 1917 and the Sedition Act of 1918.  Let’s take a look at those real quick.  First, we have an excerpt from the Espionage Act of 1917:

Section 3

Whoever, when the United States is at war, shall wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies and whoever when the United States is at war, shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.

Section 4

If two or more persons conspire to violate the provisions of section two or three of this title, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said sections provided in the case of the doing of the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offences under this title shall be punished as provided by section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine.

And here’s an excerpt from the Sedition Act of 1918:

Section 3
Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies, or shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States, and whoever when the United States is at war, shall willfully cause or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct or attempt to obstruct the recruiting or enlistment services of the United States, and whoever, when the United States is at war, shall willfully utter, print, write or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall willfully utter, print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote the cause of its enemies, or shall willfully display the flag of any foreign enemy, or shall willfully by utterance, writing, printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of war, and whoever shall willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or the imprisonment for not more than twenty years, or both: Provided, That any employee or official of the United States Government who commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service..

Section 4
When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally mailed all letters or other matter so addressed, with the words “Mail to this address undeliverable under Espionage Act” plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.

Under these acts, a man was put on trial over his statements about not wanting to buy Liberty Bonds.  In addition to that, over 50 American newspapers had their mailing privileges stripped, and all German-language or German-American newspapers had their mailing privileges removed.

In addition to these 2 acts, Wilson also allowed the American Protective League to assist law enforcement agencies.  The APL was formed by Chicago businessman A.M. Briggs, under the permission of U.S. Attorney General Thomas Gregory.  The group was given government-issued badges and they officially “organized with the Approval and operating under the direction of the U.S. Department of Justice, Bureau of Investigation.”  The APL was a group of 250,000 people spread across 600 cities who helped crack down on those who were believed to be helping the Germans or opposing the U.S. government.  The group illegally detained U.S. citizens who were members of labor and pacifist movements.

Again, this is nothing close to what George Bush has done.  If Bush were following the epionage and sedition acts, CBS executives and Dan Rather would have been fined and put in jail for running  that false story about President Bush’s Air National Guard service.  Instead, Rather kept his job (for a while) without any criminal charges being filed.  Clearly Wilson was worse than Bush when it comes to civil liberties.

And that leads us to our last liberty looter:

Franklin Delano Roosevelt

Perhaps the most infamous (probably because it’s the most recent) violation of civil liberties was FDR’s Executive Order 9066, which was the executive order for the internment of Japanese Americans and Japanese nationals.  Here’s a copy of Executive Order 9066:

Executive Order No. 9066

The President

Executive Order

Authorizing the Secretary of War to Prescribe Military Areas

Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104);

Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.

I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.

I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.

This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.

Franklin D. Roosevelt

The White House,

February 19, 1942.

Under that order, somewhere around 120,000 people were held in internment camps after the attack on Pearl Harbor, 62% of which were American citizens.  Compare this to Bush, who has held around 800 people in Guantanamo.  And those people weren’t even American citizens!

The point that I’m trying to make in all of this is NOT that I justify Bush’s actions.  I think he has overstepped his Constitutional bounds, with the wiretapping and his signing statements.  But to say that he’s the WORST President for civil liberties is just insulting to American history.  I would be ashamed to be Romero’s American history teacher right now, because clearly, he has forgotten some very important parts.  Looking back 20 or so years from now, the history books will be kinder to Bush.  I don’t think he’s anywhere near perfect, but he’s certainly hasn’t violated civil liberties as much as the 4 Presidents that I’ve just listed.

Done Ranting,

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Illinois Senate Appointee, Roland Burris, Denied Entry to the Senate. Was That Denial Legal?

January 6, 2009

Today, Roland Burris (D-IL), the guy that Illinois Governor Rod Blagojevich (D) appointed to fill President-Elect Obama’s vacant seat, went to Washington, D.C., proclaiming himself the junior Senator from Illinois.  Before trying to enter the Senate, he told reporters, “My name is Roland Burris.  I am the junior senator from the state of Illinois.”

The Secretary of the Senate disagreed.  She refused to seat Burris because his credentials were not in order, since the Illinois Secretary of State Jesse White (D) had refused to co-sign his certification.

White had earlier released this statement:

As I have previously stated publicly, I cannot co-sign a document that certifies any appointment by Rod Blagojevich for the vacant United State Senate seat from Illinois.

Although I have respect for former Attorney General Roland Burris, because of the current cloud of controversy surrounding the Governor, I cannot accept the document.

Well, in my opinion, White really doesn’t have a choice, and Rod Blagojevich didn’t have a choice as to appointing or not appointing somebody.  Here’s an excerpt from the Illinois Compiled Statutes:

(10 ILCS 5/25‑8) (from Ch. 46, par. 25‑8)
    Sec. 25‑8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)

And here’s another excerpt:

    (15 ILCS 305/5) (from Ch. 124, par. 5)
    Sec. 5. It shall be the duty of the Secretary of State:
    1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor.
    2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.

The Secretary of State legally CANNOT refuse to sign the certificate.

So, Burris left the Senate saying he was “not seeking to have any type of confrontation.”

So, this leaves us in a situation similar to one we’ve seen before: the 1803 case of Marbury v. Madison.  For those of you who have forgotten the case since high school government class, here are some resources for you to refresh yourself: http://www.landmarkcases.org/marbury/home.html and http://en.wikipedia.org/wiki/Marbury_v._Madison.

Let’s take a look at the Marbury v. Madison opinion:

In the order in which the court has viewed this subject, the following questions have been considered and decided.

1.Has the applicant a right to the commission he demands?

2.If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

3.If they do afford him a remedy, is it a mandamus issuing from this court?

The answer to numbers 1 and 2 (number 3 isn’t relevant here) are similar to the answers from Marbury v. Madison.  Let’s take a look at the opinion again:

The first object of inquiry is,

1.Has the applicant a right to the commission he demands?

His right originates in an act of congress passed in February 1801, concerning the district of Columbia.

This brings us to the second inquiry; which is,

2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.

Is it in the nature of the transaction? Is the act of delivering or withholding a commission to be considered as a mere political act belonging to the executive department alone, for the performance of which entire confidence is placed by our constitution in the supreme executive; and for any misconduct respecting which, the injured individual has no remedy.

That there may be such cases is not to be questioned; but that every act of duty to be performed in any of the great departments of government constitutes such a case, is not to be admitted.

By the constitution of the United States, the president is invested with certain important political powers, in the [5 U.S. 137, 166]   exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority and in conformity with his orders.

In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being entrusted to the executive, the decision of the executive is conclusive. The application of this remark will be perceived by adverting to the act of congress for establishing the department of foreign affairs. This officer, as his duties were prescribed by that act, is to conform precisely to the will of the president. He is the mere organ by whom that will is communicated. The acts of such an officer, as an officer, can never be examinable by the courts.

But when the legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law; is amenable to the laws for his conduct; and cannot at his discretion sport away the vested rights of others.

The conclusion from this reasoning is, that where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the president, or rather to act in cases in which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examinable. But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured has a right to resort to the laws of his country for a remedy.

So, if he conceives that by virtue of his appointment he has a legal right either to the commission which has been made out for him or to a copy of that commission, it is equally a question examinable in a court, and the decision of the court upon it must depend on the opinion entertained of his appointment.

That question has been discussed, and the opinion is, that the latest point of time which can be taken as that at which the appointment was complete, and evidenced, was when, after the signature of the president, the seal of the United States was affixed to the commission.

It is then the opinion of the court,

1.That by signing the commission of Mr. Marbury, the president of the United States appointed him a justice [5 U.S. 137, 168]   of peace for the county of Washington in the district of Columbia; and that the seal of the United States, affixed thereto by the secretary of state, is conclusive testimony of the verity of the signature, and of the completion of the appointment; and that the appointment conferred on him a legal right to the office for the space of five years.

2. That, having this legal title to the office, he has a consequent right to the commission; a refusal to deliver which is a plain violation of that right, for which the laws of his country afford him a remedy.

Similarly, 10 ILCS 5/25‑8 gives Burris this same right.  But there’s a slight variation: the secretary of state never completed that appointment; however, not doing so is an illegal act.

It is my belief that Burris has been denied his right and that the act of co-signing the the certificate is merely a ministerial function required by ILCS.  Therefore, Burris, through the laws of this country is afforded a remedy.

Burris should be seated in the United States Senate, and Illinois Secretary of State Jesse White should be removed from office for violating 15 ILCS 305/5.

Now, I’d love to hear your thoughts on this, so take the following poll, and feel free to leave a comment below:

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Attorney General Mukasey Collapses During Speech; Now “Conversant and Alert”

November 21, 2008

Attorney General Michael Mukasey collapsed earlier in the night while giving a speech to the Federalist Society at a Mariott hotel in Washington, D.C.  He was then rushed to George Washington University Hospital.  The following is footage of Mr. Mukasey’s collapse:

Justice Department spokesman Peter Carr told reporters, “The attorney general is conscious, conversant and alert.”

Associate Attorney General Kevin O’Connor told reporters, “He just started shaking and he collapsed.  They’re very concerned.”

An FBI official has told reporters that Mukasey stuttered over a word and then “went down hard.”

White House Press Secretary Dana Perino told reporters that President Bush has been informed of the situation, “The president has him in his thoughts and will be kept apprised and hopes that he will be back up and at ’em again soon.”

My thoughts and prayers are with Mr. Mukasey right now.  I wish him a speedy recovery.

Done Reporting,

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Breaking News: Attorney General Michael Mukasey Collapses During Speech

November 21, 2008

This is breaking news coming in now.  Attorney General Michael Mukasey has collapsed while giving a speech.  He has been rushed to George Washington University Hospital in the nation’s capital.  There is no word on his condition or why he collapsed.  I will update this as reports come in.

UPDATE (11:07 P.M. EST): Associate Attorney General Kevin O’Connor just told reporters, “He just started shaking and he collapsed.  They’re very concerned.”

UPDATE (11:16 P.M. EST): A Justice Department and law enforcement official have told reporters that Mukasey was both conscious and talking as he was taken away.

UPDATE (11:35 P.M. EST): An FBI official has told reporters that Mukasey stuttered over a word and then “went down hard.”  Mukasey was talking to the Federalist Society at a Washington hotel.  White House Press Secretary Dana Perino told reporters that President Bush has been informed of the situation, “The president has him in his thoughts and will be kept apprised and hopes that he will be back up and at ’em again soon.”

UPDATE (11:42 P.M. EST): O’Connor has confirmed that Mukasey is aleter, and conscious, and speaking.

Done Reporting,

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Federal Judge Orders Ohio Secretary of State to Purge Voter Rolls

October 10, 2008

Today, U.S. District Judge George C. Smith ruled in a suit filed by the Ohio Republican Party filed in September.  He ruled that Ohio Secretary of State Jennifer Brunner (Dem) must adhere to the Help America Vote Act by matching newly registered voters’ information against the Ohio Bureau of Motor Vehicles and/or Social Security Administration databases.  She must alo tell the Board of Elections which voters’s registration info doesn’t match the databases.  Brunner was also ordered to establish a process by which county election boards could do the sameSmith wrote in his ruling (unfortunately I can’t get the whole thing), “Plaintiffs assert, and the court agrees, that it is hard to imagine a public interest more compelling than safeguarding the legitimacy of the election of the president of the United States.”

Ohio Republican Party Deputy Chairman Kevin DeWine told reporters, “For some reason, Jennifer Brunner does not want these new registrations checked.  Her refusal to comply with federal law raises serious concerns about her ability to objectively oversee this election.”

Meanwhile, Brunner is appealing the ruling (the appeal was filed by Ohio Attorney General Nancy Rogers (Dem) on Brunner’s behalf), saying that this ruling will inhibit voters from casting absentee ballots at the Board of Elections, since parties could get lists of voters who don’t match up with the databases and challenge the validity of those votes.  Brunner told reporters, “My office will do everything within its power to ensure that the state’s 88 county boards of elections can continue to allow early voting to proceed and to assist them with their preparation to ensure a smooth election for the voters of Ohio.”

With all of the stuff that’s going on with ACORN, I say that this is a great ruling.  I want everybody to be able to vote, but people should only be voting once (that’s not what the NAACP will say about voters in Detroit – they want all African Americans to be able to vote, even the dead ones!).  There’s no reason that this should keep any LEGAL voters from voting.  It’s a good ruling, and I hope it’s upheld by the next court.  Unfortunately, the deadline to challenge absentee ballots is coming up soon, so there fraudulent votes may make it through, and that’s a shame.

Done Ranting,

Ranting Republican
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Pictures from the McCain/Palin Rally in Sterling Heights, Michigan

September 6, 2008

So, yesterday I went down to Sterling Heights to the McCain/Palin rally, and was able to get a few pictures.  I was about 15 rows back, so I was a little bit too far away to actually get to shake anybody’s hand.

Representative Candice Miller

Representative Candice Miller

Attorney General Mike Cox

Attorney General Mike Cox

One of the veterans who was in the Hanoi Hilton with John McCain

One of the veterans who was in the Hanoi Hilton with John McCain

Representative Joe Knollenberg

Representative Joe Knollenberg

State Senator John Pappageorge

State Senator John Pappageorge

U.S. Senate Candidate Jack Hoogendyk

U.S. Senate Candidate Jack Hoogendyk

McCain and Palin Enter the Stage

McCain and Palin Enter the Stage

Palin and McCain

Palin and McCain

Bridget and Cindy McCain

Bridget and Cindy McCain

Palin Speaking as McCain Watches

Palin Speaking as McCain Watches

Palin Speaking

Palin Speaking

McCain Watching Palin Speak

McCain Watching Palin Speak

McCain Speaking

McCain Speaking

A Shot of the Crowd During McCains Speech

A Shot of the Crowd During McCain's Speech

McCain Speaking

McCain Speaking

McCain Going Out to Meet Some of the Crowd

McCain Going Out to Meet Some of the Crowd

Probably my favorite picture of the whole rally - I took this right as somebody reached out to shake McCains hand, but it looks like theyre grabbing his face

Probably my favorite picture of the whole rally - I took this right as somebody reached out to shake McCain's hand, but it looks like they're grabbing his face.

Governor Palin Walking Through the Crowd

Governor Palin Walking Through the Crowd

And those are all the good pictures I had.

The rally was a lot of fun.  I just wish they would’ve used speeches that weren’t abridged speeches of the convention speech (although McCain did add a few parts, including one where he talkied about the need to win Michigan this year).

Hopefully I’ll be able to meet them eventually some day.

Done Summarizing,

Ranting Republican
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